alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The TRAVELERS INSURANCE COMPANY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

No. 01-5137.

United States Court of Appeals, Federal Circuit.

Feb. 24, 2003.

Peter H. Winslow, Scribner, Hall & Thompson, LLP, of Washington, DC, filed a petition for panel rehearing for plaintiff-appellee.

Edward T. Perelmuter, Attorney, Tax Division, Department of Justice, of Washington, DC, filed a response to the petition for defendant-appellant. With him on the response were Eileen J. O’Connor, Assistant Attorney General; David English Carmack, and David I. Pincus, Attorneys.

Before SCHALL, DYK, and PROST, Circuit Judges.

*ORDER*

Travelers has petitioned for panel rehearing of the court’s September 16, 2002, decision. *Travelers Ins. Co. v. United States,*303 F.3d 1373 (Fed.Cir.2002).

Travelers argues that we should remand this case because, even under our original decision, issues remain to be resolved by the Court of Federal Claims concerning the foreign tax credit issue. The court invited the United States to respond. In its response, the government initially urged that no issues remained to be resolved. (Appellant’s Resp. to Pet. for Panel Reh’g.) However, by letter dated January 21, 2003, the government advised us that, on further reflection, it agreed that one issue remains to be resolved, namely whether “the IRS made a computational error with respect to the 1975 and 1978 taxable years.” Under these circumstances we agree that a remand is appropriate for this limited purpose. However, we reject the taxpayer’s contention that a remand is required to address other issues concerning the foreign tax credit.1

*1381The taxpayer also seeks reconsideration of our decision with respect to the foreign currency translation issue. Taxpayer has not offered sufficient reason to reconsider that decision, and we decline to do so.

IT IS ORDERED THAT:

(1) The Petition for Rehearing is granted-in-part and denied-in-part.

(2) The case is remanded to the Court of Federal Claims for the limited purpose of determining whether the IRS made a computational error with respect to the 1975 and 1978 taxable years.

1

. Travelers argues that 1) it is “entitled to deduct or exclude from its tax base under [26 *1381U.S.C. § ] 802(b) 50% of its [positive] underwriting income” for the periods from 1976-77 and 1979-80, and 2) treatment of the policyholders’ share as an exclusion "increas[es] Travelers’ foreign tax credit limitation.” (Ap-pellee’s Pet. for Panel Reh'g at 5-6.)
Exhibit
      10.23


**AMENDMENT
      TO EXECUTIVE**


**EMPLOYMENT
      AGREEMENT**




WHEREAS,
      effective May 1, 2006, CAPITAL GOLD CORPORATION, a Delaware corporation
      (“Employer”), and JOHN BROWNLIE, a Colorado resident (“Executive”), entered into
      an Executive Employment Agreement (the “Agreement”); and





WHEREAS, on
      August
      29, 2007, based on the recommendation of the Compensation Committee of the
      Company’s Board of Directors, after review of an Executive Compensation Market
      Analysis and Report by an independent  human
      resource professional services firm, the Board of Directors increased the
      salaries of our executive officers to be commensurate with industry
      standards ;





NOW,
      THEREFORE, to effectuate the foregoing change in salary for Executive, Employer
      and Executive agree:





1.  Section
      3(a) of the Agreement is amended retroactively effective May 1, 2007 and, as
      amended, reads as follows:





(a)  *Base
      Salary* .
      As
      compensation for the services rendered pursuant to this Agreement, Employer
      agrees to pay Executive a base salary at an annual rate of not less than
      $225,000, payable in installments in accordance with Employer’s standard payroll
      practices, subject to such payroll and withholding deductions as are required
      by
      law or authorized by Executive. The amount of the base salary shall be reviewed
      periodically and may be increased at the sole discretion of Employer.





2.  All
      other
      terms of the Agreement remain the same.





IN
      WITNESS WHEREOF, the parties have executed this amendment to the Agreement
      effective August 29, 2007.




EMPLOYER
                :


CAPITAL
              GOLD
              CORPORATIONBy:
            s/Gifford
              A.
              DieterleGifford
              A. Dieterle, President EXECUTIVE:s/ John
                BrownlieJohn
                  Brownlie
#### Jack COLLIER, Appellant, v. STATE of Texas, Appellee.

No. 27904.

Court of Criminal Appeals of Texas.

Nov. 16, 1955.

No appearance for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

Theft by bailee is the offense; the punishment assessed, on a plea of guilty, ten years in the penitentiary.

Appellant has now filed his personal affidavit requesting the dismissal of the appeal. The request is granted.

The appeal is dismissed.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               DEC-31-1999
<CASH>                                         264,395
<SECURITIES>                                 4,123,507
<RECEIVABLES>                                   56,632
<ALLOWANCES>                                   598,220
<INVENTORY>                                    551,845
<CURRENT-ASSETS>                             5,633,959
<PP&E>                                         147,350
<DEPRECIATION>                                   6,231
<TOTAL-ASSETS>                               6,229,778
<CURRENT-LIABILITIES>                        6,229,778
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     33,462
<COMMON>                                     2,835,672
<OTHER-SE>                                    (53,108)
<TOTAL-LIABILITY-AND-EQUITY>                 6,229,778
<SALES>                                      7,457,568
<TOTAL-REVENUES>                             3,698,062
<CGS>                                                0
<TOTAL-COSTS>                                1,442,675
<OTHER-EXPENSES>                             2,762,852
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                33,820,488
<EPS-BASIC>                                      (.02)
<EPS-DILUTED>                                    (.02)


</TABLE>
#### Pat WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

No. 28704.

Court of Criminal Appeals of Texas.

Dec. 12, 1956.

No attorney for appellant of record on appeal.

Leon Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The conviction, on a plea of guilty before the court, is for the offense of driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review. The judgment is affirmed.
---

EXHIBIT 32.1 CERTIFICATION OFPRINCIPAL
EXECUTIVE OFFICER PURSUANT TO18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

The undersigned, Michael Hart, Chief Executive Officer of AMG
Oil Ltd. (the Company), hereby certifies, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to
his knowledge, the Quarterly Report on Form 10-QSB of AMG Oil Ltd. for the
period ended December 31, 2007 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
that the information contained in the Report on Form 10-QSB fairly presents in
all material respects the financial condition and results of operations of the
Company.

Date: February 14, 2008

/s/ Michael
Hart
Michael Hart, Chief Executive Officer

---
<PAGE>
                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

      Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Diamond Triumph Auto
Glass, Inc.(the "Company") hereby certifies that:

            (i) the accompanying Quarterly Report on Form 10-Q of the Company
      for the nine months ended September 30, 2003 (the "Report") fully complies
      with the requirements of Section 13(a) or Section 15(d), as applicable, of
      the Securities Exchange Act of 1934, as amended; and

            (ii) the information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.

Dated: November 14, 2003                 /s/ Michael A. Sumsky
                                         ---------------------------------------
                                         Michael A. Sumsky
                                         Chief Financial Officer

      The foregoing certification is being furnished solely to accompany the
      Report pursuant to 18 U.S.C. Section 1350, and is not being filed for
      purposes of Section 18 of the Securities Exchange Act of 1934, as amended,
      and is not to be incorporated by reference into any filing of the Company,
      whether made before or after the date hereof, regardless of any general
      incorporation language in such filing.


                                      -2-
<PAGE>


                                                                    EXHIBIT 99.2
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Quarterly Report on Form 10-Q of the Paving Stone
Corporation (the "Company") for the period ended March 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I,
Jace Simmons, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

     (1)  The Form 10-Q fully complies with the requirements of Section 13(a) or
          15(d) the Securities Exchange Act of 1934; and

     (2)  The information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.

                                                 /s/  Jace  Simmons
                                                 -------------------
                                                 Jace  Simmons
                                                 Chief  Financial  Officer
                                                 May  20,  2003





                                       18
<PAGE>
Exhibit 10.4
                                   AGREEMENT

Dated:            Effective as of March 31, 2004

Between:          Stephen D. Wilson ("Wilson")

And:              California Clean Air, Inc. ("Company")

         WHEREAS,  Wilson has advanced  certain  operating  funds to the Company
which,  as of the  date of this  Agreement,  total in the  aggregate  the sum of
$133,184 ("Sums Advanced")

         WHEREAS,  Wilson and Company  desire to set forth their  agreement  and
understanding  with  respect to the right of Wilson to demand  repayment  by the
Company of the Sums Advanced.

         NOW THEREFORE, IT IS AGREED AS FOLLOWS:

         1. The Sums Advanced  shall be considered a non- interest  bearing loan
by Wilson to the Company which shall be repaid on demand.

         2. Wilson  agrees not to demand  repayment of the Sums  Advanced  until
July 1, 2005, after which date Wilson shall be entitled to demand repayment,  in
whole or in part, of the Sums Advanced.

         3. The Company  shall make  payment to Wilson  within five (5) business
days after receipt from Wilson of written demand for payment, which demand shall
set forth the amount to be repaid.

         4. In the  event  that  Wilson  shall  be  required  to  undertake  any
collection  action  against the Company to recover any amounts owing  hereunder,
Wilson  shall be entitled to the  recovery of his  collection  costs,  including
reasonable attorney's fees.

         5. The Agreement  shall be governed by the laws of the State of Oregon.
This Agreement  represents the entire agreement and understanding of the parties
with respect to its subject matter and  supercedes any and all prior  agreements
and  understandings,  written or oral with respect to the subject matter of this
Agreement.  This Agreement shall be binding on the respective  heirs,  legatees,
executors, administrators, successors and assigns of the parties.

         WHEREAS,  this Agreement is deemed effective as of the date first above
written.

CALIFORNIA CLEAN AIR, INC.

By:  /s/ STEPHEN D. WILSON                                /s/ STEPHEN D. WILSON
     Stephen D. Wilson, President                         Stephen D. Wilson
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with this annual report on Form 10-K of Electro Scientific Industries, Inc. (the Company) for the
annual period ended June 2, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Nicholas Konidaris, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- | ---------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                        
|--------------------------------------------------------
|                                                        
|/s/ Nicholas Konidaris                                  
|Nicholas Konidaris President and Chief Executive Officer

August 14, 2007

This certification is made solely for the purpose of 18 U.S.C. Section 1350, and not for any other purpose. A signed original of this written statement required by
Section 906 has been provided to Electro Scientific Industries, Inc. and will be retained by Electro Scientific Industries, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### Willie G. BUSTILLOS, Appellant, v. The STATE of Texas, Appellee.

No. 28429.

Court of Criminal Appeals of Texas.

June 27, 1956.

No attorney for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

PER CURIAM;

The offense is felony theft; the punishment, two years in the penitentiary.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review.

The judgment is affirmed, and no motion for rehearing will be entertained in this case.
**EXHIBIT
      23**








**CONSENT
      OF INDEPENDENT REGISTERED**


**PUBLIC
      ACCOUNTING FIRM**








We
      consent to the incorporation by reference in the Registration Statement on
      Form
      S-8 (No. 33-57038) previously filed by SpectraScience, Inc. of our report,
which
      contains an explanatory paragraph relating to the Company’s ability to continue
      as a going concern,dated March 14, 2006, on the financial statements of
      SpectraScience, Inc. as of December 31, 2005, and for the year ended December
      31, 2005, for the five months ended December 31, 2004, for the seven months
      ended August 1, 2004 and for the period from August 2, 2004 (inception of
      Successor Company) to December 31, 2005, which report appears in this annual
      report on Form 10-KSB for the year ended December 31, 2005.











/s/
      J.H.
      Cohn LLP





San
      Diego, California


March
      31,
      2006
| 1.   | I have reviewed this annual report on Form 10-K/A of Gateway Industries, Inc. (now known as Function (X) Inc.); |
|----------------|-----------------------------------------------------------------------------------------------------------------|

| 2.   | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.   | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report. |
|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  April 8, 2011 | By:    | /s/ Janet Scardino                   |   |
|---------------------------------|--------|--------------------------------------|--------|
|                            | Name:  | Janet Scardino                       |   |
|                            | Title: | Chief Executive Officer and Director |   |
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Neurological Disorders and Stroke Special Emphasis Panel; URGenT: Translational Efforts to Advance Gene-based Therapies for Ultra-Rare Neurological and Neuromuscular Disorders.                    

*Date:*                         February 27, 2024.                    

*Time:*                         10:00 a.m. to 1:00 p.m.                              ( print page 9859)    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6001 Executive Boulevard, Rockville, MD 20852.                    

*Contact Person:*                         Mirela Milescu, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NINDS/NIH, HHS NSC, 6001 Executive Blvd., Rockville, MD 20852, 301-496-5720,                         *mirela.milescu@nih.gov*.                    

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS.)

Dated: February 6, 2024.

Lauren A. Fleck,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-02774 Filed 2-9-24; 8:45 am]

BILLING CODE 4140-01-P
`b                                                                  EXHIBIT 23.2


                         CONSENT OF INDEPENDENT AUDITORS

         We  consent  to the  incorporation  by  reference  in the  Registration
Statement  of  National  Home Health Care Corp.  on Form S-8,  Registration  No.
33-61315  pertaining  to the 1992 Stock Option Plan and the 1993 401(K) Plan, as
filed with the Securities and Exchange Commission on July 26, 1995 of our report
dated October 1, 1999, with respect to the consolidated  financial statements of
National Home Health Care Corp. and subsidiaries as of July 31, 1999 and for the
year then ended  included  in its Annual  Report on Form 10-K for the year ended
July 31, 1999.

/s/ Holtz Rubenstein & Co., LLP

HOLTZ RUBENSTEIN & CO., LLP
Melville, New York
October 25, 1999
Exhibit 23 CONSENT OF INDEPENDENT

REGISTERED PUBLIC
ACCOUNTING FIRM We have issued
our reports dated August 7, 2007 accompanying the consolidated financial
statements and schedule, and managements assessment of the effectiveness of
internal control over financial reporting included in the Annual Report of
E-Z-EM, Inc. and Subsidiaries on Form 10-K for the fifty-two weeks ended June
2, 2007. We hereby consent to the incorporation by reference of said reports in
the Registration Statements of E-Z-EM, Inc. on Forms S-8 (File Nos. 333-122744
and 333-140087). /s/ Grant
Thornton LLP Melville, New
York
August 7, 2007 -97-